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Term --FCTC-Based Definition India
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Not Defined
No
Analysis

Smoking is prohibited in public places, which include workplaces.

Having no definition for this key term, however, makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.

A definition of “workplace” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 20.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Not Defined
No
Analysis

In the definition of “public place,” the term “public conveyances” is used but “public conveyances” is not further defined. Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.

A definition of “public transport” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 22.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.

A definition of “second hand smoke” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 15.

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Defined
Yes
Analysis

This definition does not align with the definition of “smoking” in FCTC Art. 8 Guidelines para. 17, which provides that being in possession or control of a lit tobacco product constitutes smoking regardless of whether the smoke is inhaled or exhaled.

A definition of "smoking" or “smoke” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 17.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Defined
Yes
Analysis

This definition does not align with the definition of “public place” as provided in FCTC Art. 8 Guidelines para. 18. Lists of public places covered by the smoking ban can create confusion about whether the list is all inclusive or merely meant to provide examples. Additionally, lists of public places where smoking is banned should not be necessary if broad definitions of “indoor” or “enclosed,” “workplace,” and “public place” provided in the FCTC Art. 8 Guidelines are used.

Moreover, this definition is more limiting and less protective than the FCTC Art. 8 Guidelines definition because it appears to exclude temporary structures.

A definition of “public place” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 18.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

Although the definition includes an extensive list of tobacco products, it is not as comprehensive as the definition of “tobacco products” provided in FCTC Art. 1(f).

A definition of “tobacco products” should be provided in accordance with the definition supplied by FCTC Art. 1(f).

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Not Defined
No
Analysis

Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.

A definition of “indoor” or “enclosed” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 19.

Not Applicable
Not Applicable
India
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in many public places including workplaces, but permits the establishment of smoking areas or spaces in airports, hotels having 30 or more rooms, and restaurants having seating capacity for 30 or more (although service is not permitted). Because the law does not provide for 100% smoke free indoor workplaces and public places, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in many public places, but permits the establishment of smoking areas or spaces in airports, hotels having 30 or more rooms, and restaurants having seating capacity for 30 or more (although service is not permitted). Because the law does not provide for 100% smoke free indoor workplaces and public places, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
All public transport
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in many public places including public conveyances. The term “public conveyances” is undefined, however, making it difficult to determine if the prohibition includes all public transport. We, however, interpret “public conveyances” to include all public means of transportation. The Railways Act of 1989 additionally prohibits smoking in trains if objected to by another passenger and confers authority on the railway administration to prohibit smoking in any train or a part of a train. As we interpret public transport to be 100% smoke free, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in many public places including public offices, court buildings, libraries, and educational institutions. (Although the law permits the establishment of smoking areas or spaces in airports, airport and other public transport terminals are analyzed separately in this review.) The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines as it relates to government facilities.

Not Applicable
Not Applicable
Private offices
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in all workplaces. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in many public places including hospital buildings. As hospitals are 100% smoke free, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in many public places including hospital buildings and workplaces, and there are no specific exceptions for smoking areas in these places (exceptions are made for airports, and some hotels and restaurants). Although the law does not specifically address the public areas of residential healthcare facilities, we interpret the law as requiring them to be 100% smoke free. Accordingly, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in many public places including hospital buildings and workplaces, and there are no specific exceptions for smoking areas in these places (exceptions are made for airports, and some hotels and restaurants). Although the law does not specifically address non-residential healthcare facilities, we interpret the law as requiring them to be 100% smoke free. Accordingly, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in many public places including educational institutions and workplaces, and there are no specific exceptions for smoking areas in these places (exceptions are made for airports, and some hotels and restaurants). G.S.R. 561(E) defines “educational institutions” as “places/centres where educational instructions are imparted according to the specific norms and include schools, colleges and institutions of higher learning established or recognized by an appropriate authority.” It is not clear, however, whether this definition applies to all aspects of COTPA. Because the law does not specifically omit childcare facilities/preschools from the law and because the law does ban smoking in educational institutions, we interpret childcare facilities/preschools to be 100% smoke free. Accordingly, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in many public places including educational institutions and workplaces, and there are no specific exceptions for smoking areas in these places (exceptions are made for airports, and some hotels and restaurants). G.S.R. 561(E) defines “educational institutions” as “places/centres where educational instructions are imparted according to the specific norms and include schools, colleges and institutions of higher learning established or recognized by an appropriate authority.” It is not clear, however, whether this definition applies to all aspects of COTPA. Because the law does not specifically omit primary and secondary schools from the law and because the law does ban smoking in educational institutions, we interpret primary and secondary schools to be 100% smoke free. Accordingly, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Universities/vocational facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in many public places including educational institutions and workplaces. Further, there are no specific exceptions for smoking areas in these places (exceptions are made for airports, and some hotels and restaurants). G.S.R. 561(E) defines “educational institutions” as “places/centres where educational instructions are imparted according to the specific norms and include schools, colleges and institutions of higher learning established or recognized by an appropriate authority.” It is not clear, however, whether this definition applies to all aspects of COTPA. Because the law does not specifically omit universities/vocational facilities from the law and because the law does ban smoking in educational institutions, we interpret universities/vocational facilities to be 100% smoke free. Accordingly, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Shops
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in many public places including shopping malls, workplaces, and places visited by the general public, and there are no specific exceptions for smoking areas in these places (exceptions are made for airports, and some hotels and restaurants). Although the law does not specifically address stores, we interpret the law as requiring them to be 100% smoke free. Accordingly, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

In practice, however, we understand that members of the public often smoke in stores, and the government does not always enforce the law in these places.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in many public places including auditoriums, amusement centers, libraries, workplaces, and places visited by the general public, and there are no specific exceptions for smoking areas in these places. (Exceptions are made for airports, and some hotels and restaurants). Although the definition of “public place” does not explicitly include cultural facilities, we consider such facilities as “places visited by the general public.” Cultural facilities accordingly would fall within the definition of public places and must be smoke free.

Because the law provides for 100% smoke free cultural facilities, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in many public places including auditoriums and places to which the public have access, and there are no specific exceptions for smoking areas in these places (exceptions are made for airports, and some hotels and restaurants). Although the law does not specifically address indoor stadiums/arenas, we interpret them to be 100% smoke free. Accordingly, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Restaurants
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in many public places including restaurants. The law further provides, however, that in restaurants having a seating capacity of 30 persons or more, a separate provision for a smoking area or space may be made. Service is not permitted in the smoking area.

Because the law does not provide for 100% smoke free restaurants, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all restaurants to be 100% smoke free.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in many public places including restaurants. Further, the definition of restaurant in G.S.R. 417(E) Sec. 2(b) includes “discotheques, . . . pubs, bars, . . . and the like.” The law provides, however, that in restaurants having a seating capacity of 30 persons or more, a separate provision for a smoking area or space may be made. Service is not permitted in the smoking area.

Because the law does not provide for 100% smoke free bars, pubs, and nightclubs, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all bars, pubs and nightclubs to be 100% smoke free.

Not Applicable
Not Applicable
Casinos
N/A
Not Applicable
Analysis

We understand that there are no casinos in India.

Not Applicable
Not Applicable
Hotels/lodging - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in many public places but provides that in hotels having more than 30 rooms, a separate provision for a smoking area or space may be made.

Because the law does not provide for 100% smoke free hotels, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all hotels to be 100% smoke free.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in many public places but provides that in hotels having more than 30 rooms, a separate provision for a smoking area or space may be made. The owner of manager of a hotel is permitted to set aside guest rooms where smoking is permitted, provided that the rooms are in a separate section on the same floor(s) or wing(s), have signs indicating that smoking is permitted, and are separately ventilated.

Because the law does not provide for 100% smoke free hotels, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all hotels, including guest rooms, to be 100% smoke free.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in many public places including public offices and places to which the public has access, and there are no specific exceptions for smoking areas in these places (exceptions are made for airports, and some hotels and restaurants). Although the law does not specifically address the public areas of prisons/detention facilities, we interpret them to be 100% smoke free. Accordingly, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in many public places including public conveyances. The term “public conveyances” is undefined, however, making it difficult to determine if it includes trains, buses, and other shared ground transportation. We, however, interpret public conveyances to include such means of transportation. The Railways Act of 1989 additionally prohibits smoking in trains if objected to by another passenger and confers authority on the railway administration to prohibit smoking in any train or a part of a train. As we interpret trains, buses, and other shared ground transportation to be 100% smoke free, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in many public places including public conveyances. The term “public conveyances” is undefined, however, making it difficult to determine if it includes taxis. We, however, interpret public conveyances to include this means of transportation. As we interpret taxis to be 100% smoke free, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in many public places including public conveyances. The term, “public conveyances,” is undefined, however, making it difficult to determine if it includes commercial aircraft. We, however, interpret public conveyances to include this means of transportation. As we interpret commercial aircraft to be 100% smoke free, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in many public places including public conveyances. The term “public conveyances” is undefined, however, making it difficult to determine if it includes commercial watercraft. We, however, interpret public conveyances to include this means of transportation. As we interpret commercial watercraft to be 100% smoke free, the law and implementing rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in many public places including railway waiting rooms, but permits the establishment of smoking areas or spaces in airports. Because the law does not provide for 100% smoke free public transport facilities, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require public transport facilities to be 100% smoke free.

Not Applicable
Not Applicable
India
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
India
Post signs
Yes
Yes
Analysis

A. Duties:

(1) The Rules require signage stating, “No Smoking Area – Smoking Here is an Offense” and the name of the person(s) to whom a complaint may be made regarding smoking violations. (2) With respect to designated smoking areas in certain hotels and restaurants and airports, the Rules require signage identifying such places as a “Smoking Area.”

There are further provisions in the Rules that govern the location, size, and language and other features of the signage. As noted above, with respect to reporting smoking violations, the Rules provide that “the owner, proprietor, manager, supervisor or in charge of the affairs of a public place” shall designate a person to whom complaints may be made.

B. Sanctions:

There do not appear to be any sanctions in the rules for violations of the duty to post signs. However, it may be possible to broadly interpret the penalties established in COTPA for violations of Section 4 to apply here. See COTPA Section 21: “Whoever contravenes the provisions of section 4 shall be punishable with fine which may extend to two hundred rupees.”

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

A. Duties:

The law provides that “the owner, proprietor, manager, supervisor or in charge of a public places shall ensure that: . . . No ashtrays, matches, lighters or other things designed to facilitate smoking are provided in the public place.”

B. Sanctions:

There do not appear to be any sanctions for violations of the provision of the above items in a public place. However, it may be possible to broadly interpret the penalties established in COTPA for violations of Section 4 to apply here. See COTPA Section 21(1): “Whoever contravenes the provisions of section 4 shall be punishable with fine which may extend to two hundred rupees.”

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis

A. Duties:

The law generally requires that “[t]he owner, proprietor, manager, supervisor or in charge of the affairs of a public places shall ensure that . . . no person smokes in the public place (under his jurisdiction implied).” Further, the law provides that “if the owner, proprietor, manager, supervisor or authorized officer of a public place fails to act on reports of such violation, the owner, proprietor, manager, supervisor or authorized officer shall be liable to pay fine equivalent to the number of individual offenses.” The law, however, does not explicitly establish the steps to be taken to ensure that no smoking occurs in public places.

B. Sanctions:

The law provides for fines on the business owners/employers/supervisors for allowing smoking in public places if the business owners/employers/supervisors fail to act on reports of smoking violations. The fine is the equivalent to the number of individual offenses.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

A. Duties:

The law provides that “no person shall smoke in any public place . . . .” which includes public conveyances. The Railways Act of 1989 also addresses smoking on trains.

B. Sanctions:

In terms of sanctions, the law provides: “(1) Whoever contravenes the provisions of section 4 shall be punishable with fine which may extend to two hundred rupees.

(2) An offence under this section shall be compoundable . . . .” The Railways Act of 1989 also imposes a maximum penalty of 100 rupees for those who contravene its no smoking provisions.

Not Applicable
Not Applicable
Other
Yes
Yes
Analysis

A. Duties:

The law imposes duties on the owner or the manager or person in charge of the affairs of a hotel having 30 rooms or restaurant having seating capacity of 30 persons or more and the manager of the airport with respect to designated separate smoking areas. Under the Prohibition of Smoking in Public Places (Amendment) Rules, 2017, the person in charge of hotel, restaurant, or airport shall display a sign that includes a health warning and prohibits the entry of any person below the age of 18.

B. Sanctions:

The law appears to provide for fines on the business owners/employers/supervisors for allowing smoking in public places if the business owners/ employers/employers fail to act on reports of smoking violations. The fine is the equivalent to the number of individual offenses.

Not Applicable
Not Applicable
India
Are sub-national jurisdictions permitted to have smoke-free laws?
Yes
Yes
Not Applicable
Not Applicable